July (pdf) - New York Power Authority

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B. Notwithstanding the preceding paragraph, if any provision of this Agreement is rendered void or unenforceable or otherwise modified by a court or agency of competent jurisdiction, the entire Agreement shall, at the option of either Party and only in such circumstances in which such Party’s interests are materially and adversely impacted by any such action, be rendered void and unenforceable by such affected Party. XVI. Waiver A. Any waiver at any time by either the <strong>Authority</strong> or the Customer of their rights with respect to a default or of any other matter arising out of this Agreement shall not be deemed to be a waiver with respect to any other default or matter. B. No waiver by either Party of any rights with respect to any matter arising in connection with this Agreement shall be effective unless made in writing and signed by the Party making the waiver. XVII. Execution To facilitate execution, this Agreement may be executed in as many counterparts as may be required, and it shall not be necessary that the signatures of, or on behalf of, each Party, or that the signatures of all persons required to bind any Party, appear on each counterpart; but it shall be sufficient that the signature of, or on behalf of, each Party, or that the signatures of the persons required to bind any Party, appear on one or more of the counterparts. All counterparts shall collectively constitute a single agreement. It shall not be necessary in making proof of this Agreement to produce or account for more than a number of counterparts containing the respective signatures of, or on behalf of, all of the Parties hereto. The delivery of an executed counterpart of this Agreement by email as a PDF file shall be legal and binding and shall have the same full force and effect as if an original executed counterpart of this Agreement had been delivered. [SIGNATURES FOLLOW ON NEXT PAGE] 11
AGREED: TRY-IT DISTRIBUTING CO., INC. By: _____________________________________________ Title: _____________________________________________ Date: _____________________________________________ AGREED: POWER AUTHORITY OF THE STATE OF NEW YORK By: ______________________________________________ Title: _____________________________________________ Date: _____________________________________________ 12
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MINUTES OF THE REGULAR MEETING OF T
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July 26, 2011 Minutes of the Regula
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July 26, 2011 Introduction Chairman
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July 26, 2011 a. Approval of the Mi
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July 26, 2011 “Following a review
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July 26, 2011 3. a. Report of the P
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July 26, 2011 b. Report of the Chie
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July 26, 2011 4. Proposed Expansion
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July 26, 2011 average of 15.1 new j
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July 26, 2011 RESOLVED, That the Ch
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July 26, 2011 Section I Non-Complia
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July 26, 2011 Recommendation: Staff
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July 26, 2011 Niagara LaSalle Corpo
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July 26, 2011 The Carriage House Co
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July 26, 2011 RESOLVED, That the Ch
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July 26, 2011 commitments. Thus, cu
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July 26, 2011 7. Increase in Hydroe
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July 26, 2011 (f) Use of the RSR fo
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July 26, 2011 “The proposed actio
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July 26, 2011 RESOLVED, That the Se
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July 26, 2011 work, is capable of c
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July 26, 2011 “On May 24, 2011, n
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July 26, 2011 any and all actions a
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July 26, 2011 “The window replace
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July 26, 2011 11. Amended and Resta
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July 26, 2011 13. Amendments to the
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July 26, 2011 15. Motion to Conduct
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July 26, 2011 17. Election of Actin
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July 26, 2011 19. Next Meeting The
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July 26, 2011 EXHIBITS For July 26,
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July 26, 2011- NYPA Trustees’ Mee
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July 26, 2011- NYPA Trustees’ Mee
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Exhibit “A” Economic Developmen
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served by the 51 municipal and coop
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Generation revenue in June was $176
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In June, NYPA finalized a position
Page 73 and 74: GLOSSARY 1 Net Generation - The ene
Page 75 and 76: as a single regional compliance mar
Page 77 and 78: Report of the Chief Financial Offic
Page 79 and 80: RESULTS OF OPERATIONS Net Income Si
Page 81 and 82: RESULTS OF OPERATIONS 140 120 100 8
Page 83 and 84: RESULTS OF OPERATIONS 180 O&M Expen
Page 85 and 86: CASH AND LIQUIDITY INVESTMENT PORTF
Page 87 and 88: DEBT Unhedged Variable Rate 12% Deb
Page 89 and 90: Exhibit 1: Average August to Decemb
Page 91 and 92: New York Power Authority Financial
Page 93 and 94: New York Power Authority Exhibit "4
Page 95 and 96: APPLICATION SUMMARY Expansion Power
Page 97 and 98: July 26, 2011 Exhibit “4-B-1” P
Page 99 and 100: WHEREAS, the Customer has completed
Page 101 and 102: R. Replacement Power (or RP) is 445
Page 103 and 104: the Service Tariff shall govern. In
Page 105 and 106: X. Transition of Allocation to WNY
Page 107 and 108: XVII. Waiver A. Any waiver at any t
Page 109 and 110: SCHEDULE A TO AGREEMENT FOR THE SAL
Page 111 and 112: United States Department of Labor (
Page 113 and 114: APPENDIX TO SCHEDULE B Base Employm
Page 115 and 116: The POWER AUTHORITY OF THE STATE OF
Page 117 and 118: D. Electric Service is the Firm Pow
Page 119 and 120: C. The Contract Demand for the Cust
Page 121 and 122: Charges associated with the Allocat
Page 123: B. Except where otherwise herein sp
Page 127 and 128: SCHEDULE B TO AGREEMENT FOR THE SAL
Page 129 and 130: eduction of the Contract Demand to
Page 131 and 132: July 26, 2011 Exhibit “5-A-1” C
Page 139 and 140: July 26, 2011 Exhibit “A-2” Com
Page 153 and 154: New York Power Authority Preliminar
Page 155 and 156: New York Power Authority 2011 Preli
Page 157 and 158: Discussion The attached preliminary
Page 159 and 160: Added to the O&M for ratemaking pur
Page 161 and 162: The capital costs (both debt- and e
Page 163 and 164: 2012 to 2014 costs, respectively. T
Page 165 and 166: The proposed demand and energy rate
Page 167 and 168: NEW YORK POWER AUTHORITY HYDROELECT
Page 169 and 170: Table 1 EMBEDDED COSTS FOR ANCILLAR
Page 171 and 172: Table 3 EMBEDDED COSTS FOR BLACK ST
Page 173 and 174: Table 5 EMBEDDED COSTS FOR OPERATIN
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TABLE OF CONTENTS Page ARTICLE I DE
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“Commercial Paper Rate Mode” me
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“Term Rate Mode” means the mode
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Chairman, President and Chief Execu
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Beneficial Owners to receive paymen
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(l) any other provisions deemed adv
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306. Delivery of Bonds. Except as o
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(a) The General Resolution has not
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APPENDIX A [FORM OF BONDS] No. 2011
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To the extent and in the manner per
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IN WITNESS WHEREOF, POWER AUTHORITY
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FORM OF ASSIGNMENT ASSIGNMENT FOR V
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POWER AUTHORITY OF THE STATE OF NEW
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Implementation of any refunding wil
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under the Securities Exchange Act o
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executing officer deems in his or h
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EXHIBITS Exhibit 1: Amended and Res
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$___,___,000 Series 2011 A Bonds SE
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[This page intentionally left blank
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Rate Covenant......................
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Registration of the 2011 Bonds.....
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through purchased power (see ‘‘
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Trust Estate The Trust Estate consi
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and such pledge shall be subordinat
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Optional Redemption The 2011 Bonds
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casualty and life insurance compani
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“OID” is the excess of (i) the
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The specific nature of the informat
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3. The 2011 Bonds have been duly an
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4. To facilitate subsequent transfe
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circumstances, compliance with this
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year in which the change is made sh
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(vii) modifications to rights of Bo
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IN WITNESS WHEREOF, the parties hav
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APPENDIX D LITIGATION Land Claims (
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the costs of such pending claims, o
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PART 2 of the OFFICIAL STATEMENT of
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TABLE OF CONTENTS FOR PART 2 THE AU
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PART 2 of the OFFICIAL STATEMENT of
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CERTAIN FINANCIAL AND OPERATING MAT
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500-MW Plant and Cessation of Opera
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enefits from cash from operations.
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The Authority may issue additional
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Enterprise Risk management program,
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needs at any point in time. Unless
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NYISO Capacity Requirements Matters
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equirements of certain municipal el
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(a) Industrial Power Programs The 2
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withdrawn by the Authority on Augus
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improved energy efficiency and clea
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development purposes within St. Law
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approved to receive Awards, with to
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transmission facilities tariff on f
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THE AUTHORITY’S FACILITIES Genera
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eservoir, and power transformation
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(6) Out-of-State Power Allocations
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SCPPs To meet potential capacity de
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east from the St. Lawrence Project
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to predict whether any such bills o
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esponsibility for purchasing energy
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Commission in the coming months.[up
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could potentially result in signifi
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discussion does not purport to be c
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whether negotiable or non-negotiabl
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Operating Expenses means the Author
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Qualified Swap. Rating Agency means
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eimbursement are equal to the amort
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Capital Fund The General Resolution
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(General Resolution, Secs. 801, 802
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APPENDIX 2 BACKGROUNDS OF THE AUTHO
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Eugene L. Nicandri, Trustee Judge E
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Francine Evans, Executive Vice Pres
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Jordan Brandeis, Senior Vice Presid
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Exhibit “12-A” July 26, 2011 GO
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c. Advise the Board of Trustees on
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GOVERNANCE COMMITTEE CHARTER Exhibi
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d. Periodically review and as neces
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Exhibit “13-A” Editing Note: Th
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ARTICLE VII - FISCAL MANAGEMENT 7 S
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Section 2. Annual Meeting The annua
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as he or she may deem necessary in
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are carried out for and reported to
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and shall report on and make recomm
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Section 4. Capital Expenditure Plan
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Exhibit “13-B" July 26, 2011 BY-L
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ARTICLE VII - FISCAL MANAGEMENT 9 S
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Section 2. Annual Meeting The annua
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the general supervision of the busi
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policies of the Authority, supervis
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members of the Board of Trustees. A
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Section 5. Expenditure Authorizatio
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DATE: 07/26/2011 REVISION: 0 POWER
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DATE: 07/26/2011 REVISION: 0 POWER
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July (pdf) - New York Power Authority

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